BILL NUMBER: AB 2425	CHAPTERED  09/26/00

	CHAPTER   669
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JUNE 20, 2000
	AMENDED IN ASSEMBLY   MAY 31, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Corbett

                        FEBRUARY 24, 2000

   An act to amend Sections 646.9 and 646.93 of, and to add Section
646.94 to, the Penal Code, relating to stalking.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2425, Corbett.  Stalking.
   (1) Under existing law, a person who willfully, maliciously, and
repeatedly follows or harasses another person and makes a credible
threat with the intent to place that person in reasonable fear for
his or her safety, or the safety of his or her immediate family is
guilty of either a misdemeanor or a felony.  A person who commits
that offense when there is a temporary restraining order, injunction,
or any other court order in effect prohibiting the behavior
proscribed by that offense against the same party is guilty of a
felony, punishable by imprisonment in the state prison for 2, 3, or 4
years.  A person who is convicted a 2nd or subsequent time of
violating either of these 2 offenses is punishable by imprisonment in
the state prison for 2, 3, or 4 years.
   This bill would increase the punishment for a 2nd violation of the
first offense described above by imprisonment in the state prison
for 2, 3, or 5 years.  This bill would also increase the penalty for
anyone who is convicted of the first offense described above after
having previously been convicted of specified offenses; including the
willful infliction of corporal injury, the intentional and knowing
violation of a court order, as specified, or making a threat to
commit a crime as specified, to imprisonment in a county jail for not
more than one year, or by a fine of $1,000, or by both that fine and
imprisonment, or by imprisonment in the state prison for 2, 3, or 5
years.  By expanding the definition of a crime this bill would impose
a state-mandated local program.
   (2) Existing law requires the county sheriff to give notice of the
release on bail of a person arrested for stalking.  The notice must
be directed to the domestic violence unit of the prosecuting agency
of the county or city where the victim resides, and that agency is
required to inform the county jail as to the specific person or
persons who must be contacted.
   This bill instead would require the sheriff or other designated
county official in the county where the arrestee is incarcerated to
designate a telephone number available for public inquiry regarding
the bail or release status of the arrestee, as specified.  The bill
would specify that the designated county official is not required to
establish a new telephone number, rather it is only required to
specify on the victim resource card the telephone number that a
victim should call to obtain this information.  By imposing new
duties on local officials, the bill would impose a state-mandated
local program.
   (3) Existing law requires that a prison inmate who has completed
his or her term of imprisonment, be released into the community upon
supervised parole for a specified period of time.
   This bill would require the Department of Corrections, contingent
upon a Budget Act appropriation, to ensure that any parolee convicted
of the offense of stalking under the provisions stated in (1) who is
deemed to pose a high risk of committing a repeat stalking offense
be placed on an intensive and specialized parole supervision program
for the period of parole.  This bill would require the department to
evaluate this parole program and make a report to the Legislature, as
specified.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 646.9 of the Penal Code is amended to read:
   646.9.  (a) Any person who willfully, maliciously, and repeatedly
follows or harasses another person and who makes a credible threat
with the intent to place that person in reasonable fear for his or
her safety, or the safety of his or her immediate family, is guilty
of the crime of stalking, punishable by imprisonment in a county jail
for not more than one year or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison.
   (b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order in
effect prohibiting the behavior described in subdivision (a) against
the same party, shall be punished by imprisonment in the state prison
for two, three, or four years.
   (c) (1) Every person who, after having been convicted of a felony
under Section 273.5, 273.6, or 422, commits a violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison for two, three, or five years.
   (2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
   (d) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under this
section to register as a sex offender pursuant to subparagraph (E) of
paragraph (2) of subdivision (a) of Section 290.
   (e) For the purposes of this section, "harasses" means a knowing
and willful course of conduct directed at a specific person that
seriously alarms, annoys, torments, or terrorizes the person, and
that serves no legitimate purpose.  This course of conduct must be
such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional
distress to the person.
   (f) For purposes of this section, "course of conduct" means a
pattern of conduct composed of a series of acts over a period of
time, however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the
meaning of "course of conduct."
   (g) For the purposes of this section, "credible threat" means a
verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct made with the intent to place the
person that is the target of the threat in reasonable fear for his
or her safety or the safety of his or her family and made with the
apparent ability to carry out the threat so as to cause the person
who is the target of the threat to reasonably fear for his or her
safety or the safety of his or her family.  It is not necessary to
prove that the defendant had the intent to actually carry out the
threat.  The present incarceration of a person making the threat
shall not be a bar to prosecution under this section.
   (h) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
  "Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
   (i) This section shall not apply to conduct that occurs during
labor picketing.
   (j)  If probation is granted, or the execution or imposition of a
sentence is suspended, for any person convicted under this section,
it shall be a condition of probation that the person participate in
counseling, as designated by the court.  However, the court, upon a
showing of good cause, may find that the counseling requirement shall
not be imposed.
   (k) The sentencing court also shall consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to 10 years, as determined by the court.  It is the
intent of the Legislature that the length of any restraining order be
based upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim and
his or her immediate family.
   (l) For purposes of this section, "immediate family" means any
spouse, parent, child, any person related by consanguinity or
affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months,
regularly resided in the household.
   (m) The court shall consider whether the defendant would benefit
from treatment pursuant to Section 2684.  If it is determined to be
appropriate, the court shall recommend that the Department of
Corrections make a certification as provided in Section 2684.  Upon
the certification, the defendant shall be evaluated and transferred
to the appropriate hospital for treatment pursuant to Section 2684.

  SEC. 2.  Section 646.93 of the Penal Code is amended to read:
   646.93.  (a) (1) In those counties where the arrestee is initially
incarcerated in a jail operated by the county sheriff, the sheriff
shall designate a telephone number that shall be available to the
public to inquire about bail status or to determine if the person
arrested has been released and if not yet released, the scheduled
release date, if known.  This subdivision does not require a county
sheriff or jail administrator to establish a new telephone number but
shall require that the information contained on the victim resource
card, as defined in Section 264.2, specify the phone number that a
victim should call to obtain this information.  This subdivision
shall not require the county sheriff or municipal police departments
to produce new victim resource cards containing a designated phone
number for the public to inquire about the bail or custody status of
a person who has been arrested until their existing supply of victim
resource cards has been exhausted.
   (2) In those counties where the arrestee is initially incarcerated
in an incarceration facility other than a jail operated by the
county sheriff and in those counties that do not operate a Victim
Notification (VNE) system, a telephone number shall be available to
the public to inquire about bail status or to determine if the person
arrested has been released and if not yet released, the scheduled
release date, if known.  This subdivision does not require a
municipal police agency or jail administrator to establish a new
telephone number but shall require that the information contained on
the victim resource card, as defined in Section 264.2, specify the
phone number that a victim should call to obtain this information.
This subdivision shall not require the county sheriff or municipal
police departments to produce new victim resource cards containing a
designated phone number for the public to inquire about the bail or
custody status of a person who has been arrested until their existing
supply of victim resource cards has been exhausted.
   (3) If an arrestee is transferred to another incarceration
facility and is no longer in the custody of the initial arresting
agency, the transfer date and new incarceration location shall be
made available through the telephone number designated by the
arresting agency.
   (4) The resource car provided to victims pursuant to Section 264.2
shall list the designated telephone numbers to which this section
refers.
   (b) Any request to lower bail shall be heard in open court in
accordance with Section 1270.1.  In addition, the prosecutor shall
make all reasonable efforts to notify the victim or victims of the
bail hearing.  The victims may be present at the hearing and shall be
permitted to address the court on the issue of bail.
   (c) Unless good cause is shown not to impose the following
conditions, the judge shall impose as additional conditions of
release on bail that:
   (1) The defendant shall not initiate contact in person, by
telephone, or any other means with the alleged victims.
   (2) The defendant shall not knowingly go within 100 yards of the
alleged victims, their residence, or place of employment.
   (3) The defendant shall not possess any firearms or other deadly
or dangerous weapons.
   (4) The defendant shall obey all laws.
   (5) The defendant, upon request at the time of his or her
appearance in court, shall provide the court with an address where he
or she is residing or will reside, a business address and telephone
number if employed, and a residence telephone number if the defendant'
s residence has a telephone.
   A showing by declaration that any of these conditions are violated
shall, unless good cause is shown, result in the issuance of a
no-bail warrant.
  SEC. 3.  Section 646.94 is added to the Penal Code, to read:
   646.94.  (a) Contingent upon a Budget Act appropriation, the
Department of Corrections shall ensure that any parolee convicted of
violating Section 646.9 on or after January 1, 2002, who is deemed to
pose a high risk of committing a repeat stalking offense be placed
on an intensive and specialized parole supervision program for a
period not to exceed the period of parole.
   (b) (1)  The program shall include referral to specialized
services, for example substance abuse treatment, for offenders
needing those specialized services.
   (2)  Parolees participating in this program shall be required to
participate in relapse prevention classes as a condition of parole.
   (3)  Parole agents may conduct group counseling sessions as part
of the program.
   (4)  The department may include other appropriate offenders in the
treatment program if doing so facilitates the effectiveness of the
treatment program.
   (c) The program shall be established with the assistance and
supervision of the staff of the department primarily by obtaining the
services of mental health providers specializing in the treatment of
stalking patients.  Each parolee placed into this program shall be
required to participate in clinical counseling programs aimed at
reducing the likelihood that the parolee will commit or attempt to
commit acts of violence or stalk their victim.
   (d) The department may require persons subject to this section to
pay some or all of the costs associated with this treatment, subject
to the person's ability to pay.  "Ability to pay" means the overall
capability of the person to reimburse the costs, or a portion of the
costs, of providing mental health treatment, and shall include, but
shall not be limited to, consideration of all of the following
factors:
   (1) Present financial position.
   (2) Reasonably discernible future financial position.
   (3) Likelihood that the person shall be able to obtain employment
after the date of parole.
   (4) Any other factor or factors that may bear upon the person's
financial capability to reimburse the department for the costs.
   (e) For purposes of this section, a mental health provider
specializing in the treatment of stalking patients shall meet all of
the following requirements:
   (1) Be a licensed clinical social worker, as defined in Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, a clinical psychologist, as defined in
Section 1316.5 of the Health and Safety Code, or a physician and
surgeon engaged in the practice of psychiatry.
   (2) Have clinical experience in the area of assessment and
treatment of stalking patients.
   (3) Have two letters of reference from professionals who can
attest to the applicant's experience in counseling stalking patients.

   (f) The program shall target parolees convicted of violating
Section 646.9 who meet the following conditions:
   (A)  The offender has been subject to a clinical assessment.
   (B)  A review of the offender's criminal history indicates that
the offender poses a high risk of committing further acts of stalking
or acts of violence against his or her victim or other persons upon
his or her release on parole.
   (C)  The parolee, based on his or her clinical assessment, may be
amenable to treatment.
   (g) On or before January 1, 2006, the Department of Corrections
shall evaluate the intensive and specialized parole supervision
program and make a report to the Legislature regarding the results of
the program, including, but not limited to, the recidivism rate for
repeat stalking related offenses committed by persons placed into the
program and a cost-benefit analysis of the program.
   (h) This section shall become operative upon the appropriation of
sufficient funds in the Budget Act to implement this section.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
